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19 July, 9 Geo. 4,
1828. him or them in the character of assignee or assignees under this act
shall be thereby abated, but upon the suggestion of such death, cap. 73. removal, or new appointment, such action or suit shall be prosecuted
or defended in the name of the existing assignee or assignees; and all such assignments, conveyances, and appointments, as it is hereinbefore mentioned are to be made under the directions of the courts for the relief of insolvent debtors, shall be entered on the proceedings of the court by the order of which they shall be made.
Petitioners to deliver Schedules of Property.
upon insolvent or insolvents for any such debts not admitted to be due, together with a full and true description of the several persons to whom such debts shall be owing, or by whom such claims shall have been made, and also a true and perfect account of all the estates and effects, real and personal, of the insolvent or insolvents, in possession, reversion, remainder, or expectancy, wheresoever situate, and of all his, her, or their rights, dues, claims, choses in action, and interests, and of all trusts and powers which can in any way be available for the benefit of his, her, or their creditors; and such schedule shall also contain a full and true statement of the names and places of abode of the person or persons from whom any debt or debts shall be owing to the petitioner or petitioners, himself or themselves, or to him, her, or them jointly with any other person or persons, or against whom any claim or action may be brought, maintained, and enforced, and of the witnesses who may be able to prove such debts or support such, claim or action, together with any other particulars which may be required by any rules to be established for the practice of the said courts for the relief of insolvent debtors respectively, or for giving further effect to this act in the manner which is herein before set forth; and every such schedule so delivered as aforesaid shall be subscribed by the insolvent or insolvents delivering the same with his, her, or their names, and shall forthwith be filed in the court.
Insolvent may file Schedule after Adjudication. (32) Provided always, and be it further enacted, that after any such adjudication of an act of insolvency as aforesaid, it shall be lawful for any insolvent to file a schedule in the court by which such adjudication shall have been pronounced, in like manner as if such insolvent had presented a petition for relief under this act, which schedule shall
have the like effect and be acted upon in the like manner, and from
for hearing the same.
Hearing of Petitions.--Expenses of Witnesses. (34) And be it further enacted, that upon the day so appointed by the court as aforesaid for the hearing of any petition, or on any future day to which such hearing may be adjourned, it shall be lawful for the insolvent or insolvents, and for any creditor or creditors of the insolvent or insolvents, to be heard, either by himself, herself, or themselves, or by counsel, in support of or in opposition to the petition before the court, and the whole matter and substance of the petition shall be inquired into and examined by the court, as well respecting the claims of any creditors who shall be absent, as of those who shall be present; and it shall be lawful for the court to order any
insolvent who is in custody to be brought before it as often as occasion may require, and to summon any insolvent who shall not be in custody, and the wife of any insolvent, and any other person, whether a creditor not, who is known or suspected to have any of the estate or effects of the insolvent or insolvents in his or her possession, or any person who is suspected to be indebted to the insolvent or insolvents, or any person who is believed to be capable of giving any information which will more easily enable the court to dispose of the estate and effects of the insolvent or insolvents for the benefit of his, her, or their creditors; and it shall also be lawful for the court to examine any
1828. vent or his wife, or any other such person, whether a creditor or not,
who shall appear before the said court, in the same way as any other 9 Geor, witnesses are examined in any of his Majesty's courts of record in the
East-Indies, in any suits at law or in equity, or according to any rules which
may be made for the practice of the said courts for the relief of insolvent debtors respectively, or for giving effect to this act in the manner which is herein prescribed : provided always, that every witness summoned to attend before the court shall have his necessary expenses tendered to him, in like manner as by law is required upon service of a subpæna to a witness in an action at law.
Court may receive Affidavit of Creditor incapable of attending. (35) Provided also, and be it enacted, that in all cases where any creditor or other person shall reside more than one hundred miles from the said court, or shall be incapable of attending the said court by reason of sickness or infirmity, to be proved to the satisfaction of the court, it shall be lawful for the court to receive the affidavit or solemn affirmation of such creditor or other person, and also, if the court shall think fit, to permit interrogatories to be filed for the examination and cross-examination of any person making or joining in such affidavit or solemn affirmation.
Mutual Debts. (36) And be it further enacted, that when there has been mutual credit given by the insolvent or insolvents and any other person or persons, one debt or demand may be set against the other, and all such debts, dues, and claims as may be proved under a commission of bankruptcy, according to the provisions of an act passed in the sixth year of the reign of his present Majesty, intituled an Act to amend the Laws relating to Bankrupts, or may hereafter be proveable under such commission by virtue of any act hereafter to be passed, may also be proved upon any such hearing as is hereinbefore mentioned, in the same manner, and subject to the like deductions, conditions, and provisions, as in the said last-mentioned act are set forth and prescribed. Creditors
claim although omitted from Schedule, &c. (37) And be it further enacted, that when any petition shall have been presented under this act to any of the said courts for the relief of insolvent debtors, either by an insolvent or by any creditor or creditors of such insolvent, it shall be lawful for any person or persons to whom such insolvent shall be indebted, at any time before or after the discharge of such insolvent, to make claim upon the estate of such insolvent, and to prove his or their debt or debts, whether due by such insolvent solely, or jointly with any other person or persons, and shall be entitled to and receive a dividend thereon rateably with the other creditors of the said insolvent, although the name of such creditor may
have been wholly omitted by the said insolvent in his or her schedule,
1828. or may have been inserted 'for a smaller amount than the debt really 19 July, due to such person; and in the case of an adjudication of an act of 9 Geo. 4, insolvency under this act, then although no schedule shall have been filed by such insolvent, and where any objection to the existence or amount of such debt so claimed shall be made by such insolvent or any creditor, such court shall hear the same, and make such order thereon as may seem meet and just.
Order of Court upon the Hearing. (38) And be it further enacted, That upon the hearing of any such petition, it shall be lawful for the court to adjudge that the insolvent is entitled to the benefit of this act, and to order his immediate discharge from custody accordingly, or to dismiss or amend the petition, or to order the insolvent or insolvents to amend his, her, or their schedule or schedules, or to adjourn the further hearing of the petition until a future day, or to make a reference to the examiner or other proper officer of the court, to make inquiry into any matter of account, or into the truth of the schedule or schedules, and to report thereon to the court; and it shall also be lawful for the court to remand the insolvent or insolvents to prison until the further hearing of the petition, or until final order be made in the matter thereof, or to commit the insolvent or insolvents to custody for any debt or debts, if he, she, or they shall not be in custody at the time of the hearing, and to cancel or renew any such certificate as is hereinbefore mentioned, which may have been given for the purpose of protecting the insolvent or in. solvents from arrest, or to make any fresh order for protecting the insolvent or insolvents from arrest until final order shall be made in the matter of the petition before the court, and to order and direct that the assignee or assignees shall make some reasonable allowance for maintenance until such final order, the amount of which shall be fixed by the court, and shall not exceed five sicca rupees per
week: provided always, that in case of the court dismissing any petition, the acts previously done by the assignee or assignees, or any person or persons acting under his or their authority, in pursuance of this act, shall be valid; but in such case the court shall make such order for re-assigning and re-delivery to the insolvent the residue of his or her estate and effects, as the case shall require, whereupon the same shall be re-vested in such insolvent accordingly.
Public Notice of Order. (39) And be it further enacted, that the court by which any order, shall be made upon any such hearing as is hereinbefore mentioned, shall also order that the assignee or assignees shall give such notice of such order having been made as to the court shall seem fit and convenient.
Discharge may extend to Annuities. 1828. 19 July,
(40) And be it further enacted, That the discharge of any such 9 Geo: 4, insolvent so adjudicated as aforesaid shall and may extend to any
sum and sums of money which shall be payable by way of annuity or otherwise, at any future time or times, by virtue of any bond, covenant, or other security whatsoever ; and that every person
and persons who would be a creditor or creditors of such insolvent for such sum or sums of money, if the same were presently due, shall be admissible as a creditor or creditors of such insolvent for the value of such sum or sums of money so payable as aforesaid ; which value the said court shall, upon application at any time made in that behalf, ascertain, regard being had to the original price given for such sum or sums of money, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the time of filing such insolvent's petition; and such creditor or creditors shall be entitled, in respect of such value, to the benefit of all the provisions made for creditors by this act, without prejudice nevertheless to the respective securities of such creditor or creditors, excepting as respects such insolvent's discharge under this act. Actions brought upon Claims admitted in Schedule shall be discontinued.
(41) And be it further enacted, that if at the time of any such hearing and order any suit or action shall be pending against the insolvent or insolvents in any court within the British territories in the East-Indies, or for any debt, claim, obligation, or demand admitted in the schedule of the insolvent or insolvents, or disputed as to amount only, every plaintiff in such suit or action shall discontinue the same, and shall pay all costs incurred subsequent to his having notice of such hearing and order; and in case of such discontinuance, the insolvent or insolvents shall not, by virtue of any supersedeas, nonsuit, or judgment as in case of nonsuit in any such suit or action, be relieved from the debt, claim, obligation, or demand for which it shall have been brought, or entitled to claim from the plaintiff or plaintiffs any of the costs of any such suit or action incurred before the plaintiff or plaintiffs had notice of the hearing and order aforesaid.
Assignees may seize Property of Petitioners. (42) And be it further enacted, that every such assignee as aforesaid shall, with all convenient speed, take possession, by himself or by means of messengers of the court, or by other fit and proper persons, of all the real and personal estate and effects of the insolvent of which immediate possession may be obtained, and shall use his or her best endeavours to seize, obtain, recover, and reduce into possession as speedily as possible the rest of such estate and effects, and all debts, claims, and choses in action which by such assignment he shall have been empowered to obtain, recover, and get in.